San Luis Obispo Child Support Attorney
Child And Spousal Support In San Luis Obispo
Dedicated to Your Financial Stability During and After a Divorce orSeparation
California family law courts have long recognized that spouses’ financial obligations to one another do not necessarily end when the marriage or relationship ends. Child support in California is calculated via relatively straightforward child support guidelines, while spousal support (sometimes called “alimony”) has fewer guidelines and is more open for negotiation.
As your divorce and family law attorney, I will work with you to address the financial needs of you and your children. My name is Robbi Rizzo, Attorney at Law. I provide divorce and family law legal services in San Luis Obispo County, California. My background in business gives me the tools to take a practical and results-oriented approach to resolving family law disputes.
Calculations Of Child Support In California
Both parents have an obligation to support their minor children. Upon separation or when the divorce process begins, child support payments may be required from one parent to the other, and would generally continue until the children turn 18 or 19. However, parents may agree that child support will continue. Also, if the child is disabled, a court may order support payments to continue after the child reaches the age of majority.
The child support calculation guidelines consider:
- Each parent’s income
- The number of children
- The amount of time each parent spends with each child
- Support orders related to prior relationships
- Health insurance and day care expenses
- Specified other financial considerations
Parents can agree on a non-guideline amount of child support, so long as the family court judge agrees that the amount is in the child’s best interests. The receiving parent may request that support payments be withheld from the paying parent’s paycheck.
Negotiating Spousal Support Awards In California
You can ask the family court judge to award temporary spousal or domestic partner support while the divorce or separation proceeding is pending. Temporary spousal or domestic partner support is generally based upon a calculation much like child support.
If the judge awards spousal support in the final judgment, the following factors will generally be considered:
- The length of the marriage or domestic partnership
- The financial needs of each party
- The ability of either party to provide support to the other
- The income or earning capacity of each party
- The standard of living during the marriage or domestic partnership
- The age and health of the parties
- Whether having a job would negatively affect a parent’s ability to take care of children
- Whether domestic violence occurred during the marriage or domestic partnership
- Whether one spouse or domestic partner helped the other get an education or professional training
- The tax implications of spousal support
Modifications Of Child Support Orders In California
If the family court judge ordered child support in an amount below the guidelines amount, you can ask for a child support modification to bring the amount up to guidelines at any time. Otherwise, you can ask for a child support order modification if there has been a change in circumstances since the order was originally made. Events that may result in child support modifications include:
- A change in income for either party (up or down)
- The amount of time each parent spends with the child changes significantly
Get Answers To Your Questions About Child And Spousal Support
The more you know about child support and spousal support payments before beginning the divorce or separation process, the better you will be able to plan. To schedule an initial consultation, contact my San Luis Obispo law office: call 805-762-4766 or toll free 877-209-7353, or contact me online.